Governor
Bill Owens

Governor's Task Force on
Civil Justice Reform

Task Force Co-Chairs and Governor's Counsel

Rebecca A. Koppes Conway, Esq. - Co-Chair
Timothy M. Tymkovich, Esq. - Co-Chair
Troy A. Eid, Esq. - Counsel to the Governor
Britt Weygandt, Esq. - Deputy Counsel to the Governor

Anthony van Westrum, Esq. - Reporter

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As Submitted Committee
Members March 14, 2000
-Anthony van Westrum-

Governor's Task Force on Civil Justice Reform
Business Courts Committee

Minutes of Meeting
Held on March 7, 2000

     A meeting of the Business Courts Committee of the Governor's Task Force on Civil Justice Reform was held on Tuesday, March 7, 2000, at the offices of Moye, Giles, O'Keefe, Vermeire & Gorrell LLP. Present were co-chairs Annita Menogan, Esq. and Trish Nagel, Esq. and members Mr. David Paul, Representative Tambor Williams, and Anthony van Westrum, Esq. Members Justice Michael L. Bender, Miles Cortez, Esq., Dale R. Harris, Esq., Representative Gayle Berry, Karen Howard, Esq., and Mr. Michael V. Shoop, were absent. Also in attendance at the request of Justice Bender was Chris Ryan, statistician for the State Judiciary.

     Ms. Menogan and Ms. Nagel chaired the meeting, and Mr. van Westrum kept the minutes.

     Mr. Ryan distributed a draft discussion of proposed Rule 1.1, for inclusion in the Committee's report.

     Ms Menogan reported that the pilot project for the electronic filing of court pleadings and other documents commences in Arapahoe County this month, with a dozen or so selected law firms being participants in the project. She has spoken with the vendor of the system, JusticeLink, from Texas.

     Mr. Paul noted that he had been involved in a preliminary project for electronic filings - the Integrated Courts Data Management System - agreed to provide a statement of the system for inclusion in the Committee's report. He pointed out that the system will provide a searchable data base consisting of the filed documents; other benefits include a savings in paper and storage costs, an elimination of lost pleadings, the extension of filing deadlines to midnight of each day. Among the issues yet to be resolved, however, is the manner by which documents can be electronically signed or authorized.

     Ms. Nagel distributed a further draft of that portion of the Committee's report dealing with administrative rulemaking. In the ensuing discussion, Representative Williams noted that pending House Bill 00_1112 would require administrative agencies to provide a cost-benefit analysis of proposed regulations and make their regulatory analyses available for public review on the Internet. That bill has passed the State House and is awaiting action in the State Senate.

     Other suggestions for inclusion in the report concerning agency rulemaking included mandating that agencies provide notice of proposed rulemaking changes to persons requesting listing on a mailing list kept for that purpose, use of the Internet to collect and post comments on proposed rulemaking, both for the agency and for consideration by the Legislature, and permitting interested parties to file objections to existing regulations more than one year after their adoption. It was also noted that it would be unreasonable to require the Legislature to review in detail each adopted rule, as distinguished from the current system of accepting rules if no specific objection is made.

     The next meeting of the Committee will be on Tuesday, March 14, 2000, at the offices of Moye, Giles, O'Keefe, Vermeire & Gorrell LLP, 1225 Seventeenth Street, Suite 2900, Denver (telephone 303-292-2900, fax 303-292-4510), commencing at 3:00 p.m.

Note of subsequent developments: Following the meeting reported upon in these minutes, Rebecca Koppes-Conway, Task Force co-chair, informed the Committee that Michael V. Shoop and Representative Gale Berry had resigned from the Committee and the Task Force.

Respectfully submitted,                


Anthony van Westrum                            
Anthony van Westrum                

Comments or corrections to:
          Anthony van Westrum, (v) 303-295-1515, (f) 303-295-1602, (e) avwpc@worldnet.att.net
          Annita Menogan, (v) 303-277-5919, (f) 303-277-7373, (e) annita.menogan@coors.com
          Patricia M. Nagel, (v) 303-292-2900, (f) 303-292-4510, (e) tmnagel@mgovg.com